Termination for Increased cost Clause Samples
Termination for Increased cost. If by reason of the commencement or anticipated commencement of a law or any change or anticipated change in law or its interpretation or administration or by reason of compliance or anticipated compliance with any request or requirement of any fiscal, monetary or other authority wherever located:
(a) ABN incurs, or anticipates that it will incur, a cost as a result of it making the Facilities or any Hedge or Deposit available under this Agreement;
(b) there is any increase or anticipated increase in the cost to ABN of funding or maintaining the Facilities or any Hedge or Deposit made or to be made under this Agreement;
(c) the amount payable or anticipated to be payable to ABN, or the effective return or the anticipated effective return to ABN, on the Facilities or any Hedge or Deposit made or to be made available hereunder, or the rate of return or the anticipated rate of return at the date of this Agreement on ABN's overall capital is reduced; or
(d) ABN becomes liable, or anticipates that it will become liable, to make any payment (not being a payment of Tax on its overall net income) on or calculated by reference to the amount of the Facilities or any Hedge or Deposit made or to be made available hereunder, then ABN may at any time thereafter by notice in writing to the Trustee and the Trust Manager forthwith terminate the Facilities.
